MEENA SUNDRAM A/L KRISHNASAMY

MEENA SUNDRAM A/L KRISHNASAMY

Prosecution failed to prove a prima facie case: the alcohol element was not reliably established because of discrepancies and unproven certification of the EBA device and the chemical evidence did not conclusively establish blood alcohol for the charge as framed; causation was not established because CCTV showed a sudden manoeuvre by another driver (SP12) that caused the collision; accordingly the accused was released and discharged at the close of prosecution.

Citation
WA-83-2912-03/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Meena Sundram a/l Krishnasamy
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 August 2025
Case Number
WA-83-2912-03/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Traffic (road Transport Act 1987) / Acquitted at Close of Prosecution; Prosecution Indicated Intention to Appeal
Outcome
Accused released and discharged at close of prosecution for failure to establish a prima facie case; bail monies returned to surety.
Legal Topics
Drink Driving, Prima Facie Case, Evidential Breath Analyzer Admissibility, Causation in Vehicular Death, Contributory Negligence, Charge Specification
Source Language
Malay/English
Criminal Law Traffic Law Evidence Law Forensic Science Drink Driving Prima Facie Case Evidential Breath Analyzer Admissibility Causation in Vehicular Death +2 more

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Parties

Pendakwa Raya

Prosecution

Meena Sundram a/l Krishnasamy

Accused

Procedural Posture

Criminal Traffic (road Transport Act 1987) / Acquitted at Close of Prosecution; Prosecution Indicated Intention to Appeal

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.44(1)(b) Road Transport Act 1987
  2. 2 Whether EBA breath test evidence was admissible and reliable given serial number discrepancies and certification issues
  3. 3 Whether the accused's driving caused the death (causation) or whether third‑party/other factors broke the causal chain

Ratio Decidendi

Prosecution failed to prove a prima facie case: the alcohol element was not reliably established because of discrepancies and unproven certification of the EBA device and the chemical evidence did not conclusively establish blood alcohol for the charge as framed; causation was not established because CCTV showed a sudden manoeuvre by another driver (SP12) that caused the collision; accordingly the accused was released and discharged at the close of prosecution.

Court Disposition

Accused released and discharged at close of prosecution for failure to establish a prima facie case; bail monies returned to surety.

Orders

  • Accused released and discharged from the charge
  • Bail (wang jaminan) returned to the surety